[Landlord Agreement - Case and Point]

[Landlord Agreement - Case and Point]

   5:20 PM       Laura

---

Ok.  THIS is frustrating.   Remember how I was receiving notes and stalker comments on my front door back in like November and December?  Remember how I moved out of my Old Mill apartment telling everyone I was moving to Orem?   There were other reasons...

1. My roommates could be heard yelling at each other at 3 am and slamming doors.
2. My roommates never did their dishes, and instead tried to push them off on me.
3. They watched TV every night, and when I was playing the Xbox on nights when they weren't, they'd come kick me off.

My other roommate Danielle is excused from all of this, she's was a good friend during that time.

It was high stress.  Besides all the stalker stuff going on.  So I moved out.  Many people criticize me for moving out before my contract is up, but due to all the stress, and the appearance of the apartment next door to they who were supposed to help me mentally get out of my hole I was falling into, it was needed.

So, I contacted Cindy, the girl selling the contract, and shortly after Christmas, I moved in.  She moved out, handed me the key, and the next day, I signed the contract when the Landlord came down.

So. Fine and dandy.  I'm paying 600 a month for 2 apartments.  No one wants to buy my Old Mill apartment.   I put up the contract for sale on BYU and on Craigslist.

I ended up losing my job.  There went my income.  I fell behind on rent for both places, but caught myself all the way back up for both.

Then, on May 13th, I get an email from my Landlord at Old Mill!

Hi Laura,

I'm just seeing if there is an update for May rent.  Also, Danielle has a friend who may want to buy your contract.  Are you interested in selling it?  Let me know as soon as you can so we can make this happen if that is what you want.

Thanks,

Landlord's wife's name. 

I was Stoked!

I responded with a YES! TAKE IT! I DON'T WANT IT!  but much more cordial than that.

2 days later I receive this:  (Everything in Bold is important, and you'll find out why later.)

The girl wants to buy your contract and she just came in to sign the papers.  So, I will need you to go over to the condo and get your boxes out of the room and then come to our office and turn in the keys so she can get them.  Also, you will need to sign the contract transfer paperwork.  I will work on your account balance and let you know the amount you owe, or your refund. 

What is your opinion of this last email?  Would you think that the girl had signed the papers, and then as soon as I turned in my keys and stuff, it'd be over right?  Yeah, I thought so too.

So, the day before memorial day, I go with my sister to get my stuff out of my room, and I walk in to find my room being used.  There are clothes everywhere, and my boxes are still in there.  I was confused.  Why would the landlords let them in before I had moved out?  But, really, I was fine with it, I wasn't going to have to pay 600 a month for 2 apartments. So, I ignored it.   Danielle was there, I talked with her a bit, caught up with her, and then after hearing her say: "I have to keep letting Lily in, cause she doesn't have the keys" I was like, oh! here! have them.   Leaving, I went home absolutely happy i was done with this.

Today, I get this in my email:

Hi Laura,

We haven't received May or June rent.  Do you want me to run your card through?

What the heck?   I send back a response:

Lily has my apartment now.   I was unaware i was still paying rent for the apartment.  

And I thought 'last months' rent was being applied to may.  

My keys were given to lily, and i have no stuff in the apartment.  Why am I still paying rent?

And receive:
You never brought your keys in or came in to sign the paper.  The girl who was going to buy the contract has never come back in.  We have called her and called and she isn't calling back so we assume she is not taking the contract.

Wait.... * looks back at previous email * Didn't she say that she had come in to SIGN the papers? (Even if i did go sign the paper, they would have thrown the contract back on me, but I'll get there at that point.) And, wait, she was living in my apartment, how the heck did they NOT know where she was? They stated in the first email that  "Danielle had a friend"  Couldn't they just contact Danielle? AND, why is this the first time that I'm hearing about this?  Why did you not contact me to tell me things didn't work out?  Something's not right here.

You said that She signed the contract.  When i went to get my stuff, she had moved in, and all her stuff was in my room with my other stuff.  I did it the Friday before memorial day.  

"The girl wants to buy your contract and she just came in to sign the papers. " 

Danielle just said to leave the keys with her.  So I did.  I'll come in today to sign your paper.  But she's been living there for AT LEAST a week and a half it looks like. 

Laura

Makes sense to me.  According to Danielle, she was under the impression that Lily had everything under control, and she was waiting for the key.

She did come in to sign the papers and did want to buy the contract, but she never finished everything.  She has never paid any money nor finalized anything.  This is why we told you to turn your keys into us.  Danielle is not your landlord and doesn't handle the contracts.  It is a BYU housing rule that keys have to be turned in and signed out by the new person, as you did when you moved in.  The contract is still yours until she takes care of her items. 

Hmmm, you told me a month ago everything was done...  i moved out because you said it was done.  If I was still living there at the time you told me about Lily, and I moved out because of your time limit, I should have been paid some kind of convenience fee, but in this case I had a place to stay when you 'kicked me out. '  As for they keys, 2 other places I've lived the tenant just gave me the keys... Ok.. so my bad on the key part. 

That will be great to have you come in - but as of right now Lily has not taken the contract.  She has been evicted from her last place, poor credit references and has snuck into the condo and is trespassing.  We will need you to come in and pay your May rent and June rent until everything is figured out. 

Well, that's nice of you to share the information of your tenants... but no, I'm not paying rent for her.  You told me I was done.  Just cause you screwed up with her, you're not forcing money out of me.  

So... I called BYU Off Campus housing, due to all the inconsistencies... (which there's a ton more that come in a minute, and I shall list these for you when it comes...)  And they told me I had a strong case and that I needed to contact the mediation center.  I filled out the form, and submitted it. 

Then, decided to go try and see if I could still fill out this form... (Which again, wouldn't have mattered I found out later) I contacted Del Ray and asked him to come with me, just in case there was problems.   I then went and asked for the transferral forms. The Secretary was a B.  No joke.  She asked if I was Laura, and refused to give me the forms.  Proceeded to demand my rent.  Snapped at Del Ray.   The landlord himself came out to address me, explaining that the girl living in my apartment had been denied approval to live there.  So.  Therefore the contract was still mine.  But, he was going to try and work with her to see if she can possibly stay there till the end of my contract...  However he stated that she HAD signed a BYU contract, and an application form, and then he 'disapproved her' due to her history. 

Laura: So, what if I had turned my keys in, and signed this paper...  if things didn't work out with this girl would you throw the contract back on me?

Landlord: Absolutely. 

Something just doesn't seem right about that.  

Here are my case and points.  

1.  They told me in May, that someone had 'signed papers'. 

2.  Since then, no one contacted me to tell me that nothing had gone through. 

3.  There is a major discrepancy between both landlords about what is going on.  Landlord said He had to approve her and he didn't.  And Landlord's wife says: We called and called and apparently she didn't want it.

4. There is nothing in the contract that says: Hi, you're going to sign this, and then move in, but then we can kick you out if we don't approve of your application.  To quote a friend: 

  "If they're accepting signed contracts and THEN telling you whether you get to move in, that's illegal. If they want to do that, they need a preliminary "approval" form that is non-binding"

Nothing on any of the forms that I have read and reviewed stated that they needed to 'approve you' before you move in.  The email that I received with the contract in it, contained:

This email does not mean that the space is being held for you.  We only hold spaces on signed/returned contracts. 

Please return the contract as soon as possible to ensure your space

There's no addendum on there that says: "but if we choose to deny you, we will."

5.  She signed a contract.  A BYU housing contract.  Which states:  The student will pay a rental deposit to the landlord on the ________ or if a date is not specified, upon the signing of the agreement.  

Also, BYU off campus housing states:  

"Find a Replacement Renter. To be released from your contract obligations, you must find a person who is willing to "buy" the remainder of your contract. However, do not rely on the landlord to find your replacement renter. Make arrangements with the landlord to either (1) assign your contract to the new renter or, better, (2) create a new contract between your replacement renter and your landlord. By the way, a landlord can refuse either method if the cause is just. If a new contract is created, your contract obligations terminate; however, if your contract is assigned to the new renter, your obligation remains. If the new renter defaults you can be held liable. After the transfer is complete, you are entitled to your security deposit, less damages and other contracted deductions, within 30 days after moving out and leaving a forwarding address.""

She signed a contract did she not? Which creates a new contract...

Here's how I see it.  They found someone, and decided everything was hunky dory.  Then, they found out she was a skipper and was like.. oh, crap...  lets go back to the person who was paying us, because we screwed up.    The biggest part, was, when they screwed up, or when things didn't work, they didn't contact me, until they decided to ask for rent, which came as a complete and total surprise to me today. 

On top of it all, they're going to charge Danielle $50 a night, for letting Lily in.  (cause that's the guest fee)  Which is ridiculous because Danielle didn't know anything.  

So, here's my recommendation.  Don't.  EVER.  Rent. With Stone Properties LLC.  Specifically Melinda and Scott Stone.  Its been a pain in the butt ever since signing on with them.  And I'm sure they feel likewise with me.  But, its going to mediation.  They're going to try and get money out of the girl, while asking for rent from me..."Just in case"  I don't think so. 

Looks like I'll be going to court.... if they can afford it...  I only had 3 months left on my contract.   

Let the Games begin.